I am buying a property for cash in Gloucestershire. I have lived for the last twelve years in Gloucestershire. Conveyancing searches are a lot of money. As I know the area and road very well should I not bother getting the solicitor to do all the conveyancing searches?
Provided that you do not need a home loan, then the vast majority of the Gloucestershire conveyancing searches are at your discretion. Your conveyancer will try and steer you, perhaps strongly, that you should have searches completed, but she has a professional duty to take that path of guidance. Do bear in mind; if you are going to sell the house in the future, it could be of interest to your prospective purchaser what the searches determine. On occasion premises with day to day issues can still show up detrimental search results. A good conveyancing solicitor in Gloucestershire will provide you some sensible guidance here.
Should lawyers request money up-front for conveyancing in Gloucestershire?
If you are buying a property in Gloucestershire your solicitor will ask you place them with monies to cover the search fees. This will be the total of the cost of the Local Authority Search. When the down payment is payable against the total price then this will be asked for immediately before contracts are exchanged. The final balance that is due should be sent to your lawyer shortly before completion.
Just had an offer accepted on a new build apartment in Gloucestershire. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Gloucestershire
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I decided to have a survey carried out on a house in Gloucestershire prior to appointing lawyers. I have been told that there is a flying freehold aspect to the house. My surveyor advised that some banks will refuse to grant a loan on a flying freehold home.
It depends who your proposed lender is. Lloyds has different requirements from Halifax. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Gloucestershire. Conveyancing will be smoother if you use a solicitor in Gloucestershire especially if they regularly deal with such properties in Gloucestershire.
What are the frequently found defects that you come across in leases for Gloucestershire properties?
There is nothing unique about leasehold conveyancing in Gloucestershire. Most leases are individual and legal mistakes in the legal wording can result in certain provisions are not included. The following missing provisions could result in a defective lease:
Service charge per centages that don't add up correctly leaving a shortfall Repairing obligations to or maintain parts of the property
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Virgin Money, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.
I bought a 1 bedroom flat in Gloucestershire, conveyancing formalities finalised half a dozen years ago. Can you work out an approximate cost of a lease extension? Comparable flats in Gloucestershire with an extended lease are worth £195,000. The ground rent is £45 per annum. The lease terminates on 21st October 2081
With just 63 years unexpired we estimate the price of your lease extension to range between £16,200 and £18,600 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.